How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her, such as surgical clamps, remain inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct cause.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the resulting injury that is known as proximate causation.

Causes of Injury

A medical malpractice law firm malpractice case can be initiated by the patient who was injured or a person who is legally authorized to represent them. Based on the specific circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify on whether or not the health care provider adhered to the standards of care for their particular field. They must also testify regarding the injury caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. For example, a mistake in the diagnosis of a health condition can have life-threatening effects. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

To establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach in the breach; a resulting injury; and damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is called the causation. It is one of most crucial aspects of a medical malpractice claim. To prove causation, a plaintiff must prove that they sustained their injury based on a balance of probabilities as a result of the negligence of a physician. This is a difficult job due to a variety of reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing conditions that were present before treatment began. The time period for filing a medical malpractice case can be extended over a period of time and injuries can develop slowly.

In these instances it can be difficult to prove that a specific medical professional's breach of standard of care caused the injury. The attorney may have gathered evidence, such as expert testimony and medical records, that the injured patient could use.

During the process of discovery which is an element of the legal process for prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to take deposition. This is a declaration that is given under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice in court, that it is more likely that the physician violated his or her obligations as physician and that the breaches resulted in injury. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor has breached their professional obligation when they did something that a reasonable and prudent doctor would not have done in the same circumstances. It must be established that the breach caused injury directly to the patient. This is called causation or proximate causes. For instance the patient is admitted to the hospital for a hernia operation and then has his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, also known as the statute of limitations, which is different for each state. The person who has suffered injury must prove that the negligent care caused injury, and medical malpractice lawsuits then he or she must prove how much monetary compensation he or her deserves.

Damages

If medical negligence caused you to sustain an injury, you should be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties are involved in discovery. This is in which documents and declarations are disclosed under the oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you have to prove four things to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a claim for medical malpractice.

In certain cases the court can make punitive damages a possibility that is intended to punish the perpetrator and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, because the courts require precise proof of malice before they can award these extraordinary awards.